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Property not on owners name

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Aslam purchased a piece of land with his earning. Since he was not in the country, his father did all the legal procedures, so papers were filed in his father’s name. When Aslam came to the country, the father had to transfer papers to Aslam’s name. Unfortunately, the father passed away. Now will this land b considered as the father’s property and would be distributed among the heirs, or will it be considered as Aslam’s property?

Bismillaah

A: Since Aslam purchased the land, the land will belong to him. The land will not form part of the estate of his deceased father.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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